If a boater has a prior DWI conviction and is caught over .08 while with children, what charge will likely apply?

In Minnesota, when a boater has a prior DWI conviction and is found to have a blood alcohol concentration (BAC) of over .08 while operating a watercraft with children on board, the likely charge that applies is a 2nd degree gross misdemeanor DWI. This charge is specifically relevant because the presence of children in the boat increases the severity of the offense.

A 1st degree felony DWI typically involves more serious aggravating factors, such as causing great bodily harm or having multiple prior DWI convictions, none of which are indicated in the scenario. 3rd degree gross misdemeanor charges might apply in cases of repeat offenses, but they lack the specific aggravation of having children present. On the other hand, a 4th degree misdemeanor DWI is seen as the least severe, dealing typically with first-time offenders without other complicating circumstances.

Thus, the facts surrounding the boater's prior conviction and the presence of children directly elevate the charge to a 2nd degree gross misdemeanor.